What is the relevance of RCW 19.100.220(2) regarding the 360 Painting franchise agreement?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington;(b)thepurchaser ofthe franchise is a resident ofWashington; and/or(c)the franchised business thatisthe subject ofthe sale isto be located or operated,wholly or partly,inWashington.
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- Conflict of Laws. In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail.
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- Franchisee Bill of Rights. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your franchise.
There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor.
Franchise agreement provisions, including those summarized in Item17 oftheFranchiseDisclosureDocument, are subject tostate law.
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- Site of Arbitration, Mediation, and/or Litigation. In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
In addition, if litigation is not precluded by the franchise agreement, a franchiseemaybringanactionorproceedingarisingoutoforinconnectionwith thesaleof franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, RCW 19.100.220(2) is not explicitly mentioned within the provided excerpts related to the 360 Painting franchise agreement. However, the FDD includes a Washington Addendum that addresses the Washington Franchise Investment Protection Act, chapter 19.100 RCW. This act may supersede provisions in the franchise agreement, particularly concerning the franchisee's relationship with 360 Painting in areas like termination and renewal. Therefore, while the specific subsection is not referenced, the general principle is that Washington state law takes precedence over conflicting terms in the franchise agreement for franchisees operating in Washington.
The Washington Addendum also clarifies that the site of arbitration, mediation, or litigation involving a 360 Painting franchise purchased in Washington will be in Washington, unless otherwise agreed upon. Furthermore, a franchisee may bring legal action in Washington for issues arising from the sale of the franchise or violations of the Washington Franchise Investment Protection Act. This ensures that Washington franchisees have legal recourse within their own state, regardless of what the standard franchise agreement might stipulate.
Prospective 360 Painting franchisees in Washington should carefully review the Washington Franchise Investment Protection Act and consult with legal counsel to understand their rights and obligations under Washington law. They should also compare the terms of the franchise agreement with the provisions of the Act to identify any potential conflicts. Understanding these state-specific protections is crucial for making an informed decision about investing in a 360 Painting franchise in Washington.